H.B. 253

1

JUVENILE EXPUNGEMENT
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Scott Daniels
5 This act modifies expungement proceedings for juvenile offenses. It requires that a person
6 be 18 years or older before he may petition the court for expungement of juvenile offenses.
7 This act also requires that the person obtain a certificate of eligibility before the court can
8 hear the petition, and the court must send notice of the petition to the victim of the offense.
9 If expungement is granted, the person must also serve copies of the order on all agencies
10 affected.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 78-3a-905, as last amended by Chapter 1, Laws of Utah 2000
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 78-3a-905 is amended to read:
16 78-3a-905. Expungement of juvenile court record -- Petition -- Procedure.
17 (1) (a) Any person 18 years of age or older who has been adjudicated under this chapter
18 may, after the expiration of one year from the date of termination of the continuing jurisdiction of
19 the juvenile court or, [in case] if he was committed to a secure youth corrections facility, one year
20 from the date of his unconditional release from the facility, petition the court for the expungement
21 of his record in the juvenile court and the records of other agencies. The petitioner shall file with
22 the petition, a certificate of eligibility issued by the Department of Public Safety.
23 (b) (i) Upon the filing of a petition, the court shall set a date for a hearing and shall notify
24 the county attorney or, if within a prosecution district, district attorney, and the agency with
25 custody of the records of the pendency of the petition and of the date of the hearing. The court
26 shall mail to the victim at the victim's last-known address as shown by the records of the court,
27 notice of the petition and the date, time, and place of the hearing.

28 (ii) The county attorney or district attorney and any other person who may have relevant
29 information about the petitioner may testify at the hearing.
30 (2) (a) [If the court finds upon the hearing that] The petitioner shall prove by a
31 preponderance of the evidence that:
32 (i) the petitioner is 18 years of age or older;
33 (ii) the petitioner has not been convicted of a felony or [of a] misdemeanor involving
34 moral turpitude since the termination of the court's jurisdiction or his unconditional release from
35 a secure youth corrections facility [and that];
36 (iii) no proceeding involving a felony or misdemeanor is pending or being instituted
37 against [him, and if the court further finds that] the petitioner; and
38 (iv) the rehabilitation of the petitioner has been attained to the satisfaction of the court[,
39 it shall order sealed].
40 (b) Upon finding that the petitioner has proved all elements, the court shall enter an order
41 to expunge all records in the petitioner's case in the custody of the juvenile court and any records
42 in the custody of any other agency or official pertaining to the petitioner's adjudicated juvenile
43 court cases, except fingerprint records. Fingerprint records shall be retained in the custody of the
44 juvenile court and any other agency or official. [Copies]
45 (c) The petitioner shall serve a copy of the order [shall be sent to] on each agency or
46 official named in the order and any entity notified of the original adjudication under Subsection
47 78-3a-118 (1)(b). To avoid destruction or sealing of the records in whole or in part, the agency or
48 entity receiving the expungement order shall only expunge all references to the petitioner's name
49 in the records pertaining to the adjudicated juvenile court cases. The petitioner, based on good
50 cause, may petition the court to expunge the records in whole or in part.
51 [(b)] (d) Upon the entry of the order, the proceedings in the petitioner's case shall be
52 considered never to have occurred and the petitioner may properly reply accordingly upon any
53 inquiry in the matter. Inspection of the records may thereafter only be permitted by the court upon
54 petition by the person who is the subject of the records, and only to persons named in the petition.

Legislative Review Note
as of 1-17-01 8:47 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel